UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT

Everett McKinley Dirksen United States Courthouse Office of the Clerk Room 2722 - 219 S. Dearborn Street Phone: (312) 435-5850 Chicago, Illinois 60604 www.ca7.uscourts.gov

ORDER March 7, 2012

Before RICHARD A. POSNER, Circuit Judge JOEL M. FLAUM, Circuit Judge DIANE S. SYKES, Circuit Judge

UNITED STATES OF AMERICA, Plaintiff - Appellee

No.: 11-2459 v.

STEVEN FENZL, Defendant - Appellant

Originating Case Information:

District Court No: 1:09-cr-00376-1 Northern District of Illinois, Eastern Division District Judge Ruben Castillo

Upon consideration of the UNITED STATES MOTION TO AMEND THE OPINION, filed on March 5, 2012, by counsel for the appellee,

IT IS ORDERED that the motion is GRANTED. In the February 23, 2012, opinion, the second sentence in the second full paragraph on page 11 is AMENDED to read as follows, replacing “from the victim” with “from a third party.”

The complete sentence should now read: When a fraudulent scheme involves depriving the victim of the fraud of the “honest services” that the defendant owed him, the government must prove that a bribe or kickback was sought from a third party.

form name: c7_Order_3J(form ID: 177)